But if you disobey them, and then they find out, they want to punish you, then they will [circumcise] you as a punishment. The determination of whether an alien has established a well founded fear of persecution in order to be eligible for a grant of asylum is reviewed under thesubstantial evidence test. Given the customs of the Nkumssa tribe, a reasonable person who knew that she had disobeyed a tribal taboo and knew that discovery by the tribe of her disobedience was imminent would share Abankwah’s fears. Even if the woman successfully holds the water, however, after her enthronement, the village elders select a husband for her who will inevitably discover whether she is a virgin or not. By contrast, the grant of withholding of deportation under Section h 1 of the Act is mandatory if an applicant establishes that there is a clear probability that her “life or freedom would be threatened in [a] country on account of” a protected ground. The applicant must prove both that the fear is “well founded” and that persecution in her native country would be based on one of these five grounds. Under this standard, the BIA’s decision denying Abankwah asylum cannot be sustained.
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During the September 9 and October 1, hearings, the Immigration Judge received into evidence Abankwah’s asylum application and her affidavit in support of it, the declaration of Kwabena Danso Otumfuor, and the affidavit of Victoria Otumfuor. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. A reading of Abankwah’s testimony in its entirety, combined with her affidavit, reveals that Abankwah’s fear that she will be mutilated is based on her knowledge of and experience with the customs of her tribe.
The statute went into effect in April, It exempts certain medical procedures “necessary” to the health of a person when performed by a medical practitioner, but specifically notes that no account may be taken of a cultural belief that the practice is necessary.
Once a subjective fear is established, an applicant need only show that such fear is “grounded fauziys reality” to meet the objective element of the test. The congressional findings note the “physical and psychological health effects that harm the women involved.
The INS seems to suggest that in order to demonstrate an objectively reasonable fear, Abankwah had to make some formulaic statement that she knew that she would be subjected to FGM because someone, in this case her grandmothertold her that it is the Nkumssa custom to mutilate women who engage in sex before marriage.
Abankwah also testified that tribal practice among the Nkumssa is for a woman to remain a virgin until marriage and that the punishment for fakziya to do so is FGM.
The Honorable Robert W. At this point, Abankwah determined that it was unsafe for her to remain in Ghana. In this regard, the IJ noted that FGM is practiced mostly in northern Ghana, that the practice of FGM in Ghana is on the decline, that FGM was criminalized in Ghana inand that Abankwah would be able to seek protection from the Ghanaian government and from non governmental organizations.
Abankwah presented evidence as follows.
Abankwah next stated that in her village, “if they find you a man and you marry that man, that means you are a good person; they wouldn’t [circumcise] you. Abankwah also sought withholding of deportation under Section h 1 of the Act. Abankwah testified that although none of the tribal elders had approached her about becoming Queen Mother, her grandmother had informed her that she would be so designated.
The determination of whether an alien has established a well founded fear of persecution in order to be eligible for a grant of asylum is reviewed under thesubstantial evidence test. With the help of friends, Abankwah purchased a falsified Ghanaian passport and United States visa, bought a plane ticket, and fled to the United States.
Thus, the standard governing entitlement to withholding of deportation is more stringent than that governing the discretionary grant of asylum.
It would take time. According to tribal legend, if the woman has disobeyed tribal taboos including the one against engaging in premarital sex she will be unable to hold the water in her hands, and it will spill onto the ground.
Vauziya the IJ, the BIA did not dispute that Abankwah’s fear of genital mutilation fwuziya on account of her membership in a cognizable social group. FGM can result in the permanent loss of genital sensation in the victim and the consequent elimination of sexual pleasure. By contrast, the grant of withholding of deportation under Section h 1 of the Act is mandatory if an applicant establishes that there is a clear probability that her “life or freedom would be threatened in [a] country on account of” a protected ground.
For the reasons stated above, the decision of the BIA that Abankwah is not eligible for asylum is reversed and remanded d3 further proceedings not inconsistent with this opinion.
Fatimah Fouziya on Behance
In gauziya case, Abankwah has presented, through her affidavit and her own plausible, detailed, and internally consistent testimony, combined with evidence of fauaiya pervasiveness of FGM in Ghana and the testimony and affidavit of Victoria Otumfuor, strong evidence to demonstrate that her fear of FGM is objectively reasonable. Denials of applications for withholding of deportation are also reviewed under the substantial evidence test.
United States Dep’t of Justice, F. Under Section b 1 of the Act, 8 U.
Abankwah testified in detail that she feared that she would be subjected to FGM because: As to Abankwah’s fear that she would be forced to undergo FGM as a punishment for her lack of virginity, the BIA’s opinion acknowledged that the IJ found Abankwah to be credible, and left that finding undisturbed.
Abankwah fled her village to escape FGM. Abankwah is a twenty nine year old native of Ghana and a member of the Nkumssa tribe, which is located in the central region of Ghana.
She believed that members of her tribe would continue to search for her since she had “sinned against their God.
Elias Zacarias, U.
This appeal concerns the proof required to establish that an illegal alien is eligible for asylum under Fauaiya a of the Immigration and Nationality Act the “Act”. Rather, the BIA adopted the finding of the IJ that Abankwah was credible and that she had established a subjective fear of persecution.